20091301 Ver 1_Approval Letter_20100205

NCDEEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 5`, 2010
Mr. Richard Broughton
Martin Marietta Materials
2000 Center Point Drive, Suite 2325
Columbia, SC 29210
Re: Martin Marietta Materials Kings Mountain Quarry, Cleveland County
DWQ No. 20091301
Kings Creek [030805, 9-54, C]
APPROVAL of Individual Permit For Impacts To Isolated and Other Non-404 .
Jurisdictional Wetlands and Waters and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233)
Dear Mr. Broughton:
Attached hereto is a copy of Individual Permit No. 20 issued to Mr. Richard Broughton, of Martin
Marietta Materials, dated February 5, 2010. This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In
addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater,
Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/ijm
Sinc y,
Coleen H. Sullins
Attachments: NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Pamela Boaze, Fish and Wildlife Associates, Inc., 25 Water Tower Lane, Whittier, NC 28789
USACE Asheville Field Office
DLR, Mooresville Regional Office
Alan Johnson, DWQ Mooresville Regional Office
File Copy
Filename: 091301 Marti nMarieRnMaterialsKingsMountainQuarry(Cleveland)Ind_IW
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetiands/
NonrthCarolina
Nahma!!rf
An Equal Opportunity 1 Affirmative Action Employer
Mr. Richard Broughton and Martin Marietta Materials
Page 2 of 5
February 5, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS INDIVIDUAL PERMIT is issued in conformity with the requirements of Isolated and Other
Non-404 Jurisdictional Wetlands and Waters Rules (IWP100000) and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 02H, Section .1300, to Mr. Richard
Broughton of the Martin Marietta Materials, to fill or otherwise impact 2.69 acres of Isolated and
Other Non-404 Jurisdictional Wetlands in the Broad River Basin, to conduct the proposed quarry
expansion at the site. The site is located adjacent to and north of I-85, and just south of Kings
Mountain, in Cleveland County, North Carolina, pursuant to an application dated November 18,
2009 (received by the DWQ on December 11, 2009), and Public Notice issued December 19, 2009, and
by additional information received from you on February .4, 2010.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this activity will not violate the applicable
portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application, the supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for
a new Certification is required. If the property is sold, the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions of this
Certification. `Any new owner must notify the Division and request the Certification be issued in
their name. Should wetland or stream fill be requested in the future, additional compensatory
mitigation may be required as described in 15A NCAC 02H .1305. If any plan revisions from the
approved site plan result in a change in stream or wetland impact or an increase in impervious
surfaces, the DWQ shall be notified in writing and a new application for Isolated and Other Non-
404 Jurisdictional Wetlands Permit may be required. For this approval to be valid, compliance
with the conditions listed below is required.
Conditions of Certification:
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact _Amount Alproved (Units)- Plan Location or Reference
__d -_---
Isolated Wetland 2.69 (acres) Application and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
Mr. Richard Broughton and Martin Marietta Materials
Page 3 of 5.
February 5, 2010'
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall. be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Isolated and Other Non-404 Jurisdictional Wetlands
Permit Application. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be performed so
that no violations of state water quality standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with GC 3705;
Continuing Compliance:
6. Mr. Richard Broughton of the Martin Marietta Materials, shall conduct construction activities
in a manner consistent with State Isolated and Other Non-404 Jurisdictional Wetlands and
Other Waters water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State
law and federal law. If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division may.
reevaluate and modify this Certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 02H.1303. Before
modifying the Certification, the Division shall notify Mr. Richard Broughton of the Martin
Marietta Materials, provide public notice in accordance with 15A NCAC 02H.1303 and provide
opportunity for public hearing in accordance with 15A NCAC 02H.1303. Any new or revised
conditions shall be provided to Mr. Richard Broughton of the Martin Marietta Materials, in
writing, for reference in any Permit issued pursuant to 15A NCAC 02H.1300 and shall also
become conditions of the 404 Permit for the project;
Deed Notifications:
7. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the Isolated and
Other Non-404 Jurisdictional Wetlands and Waters Rules (IWP100000) permit. A sample deed
Mr. Richard Broughton and Martin Marietta Materials
Page 4 of 5
February 5, 2010
notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands DWQ shall be sent copies of all deed restrictions applied
to these lots;
8. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ;
Mitigation:
9. ' Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide wetland mitigation for proposed wetland
impacts and wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This
has been determined by the DWQ to be a suitable method to meet the mitigation
requirement and additional mitigation commitment. Until the EEP receives and clears your
check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts
specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into a restoration fund. You
have 60 days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration
Fund to meet the following compensatory mitigation requirement:
Type of Wetland Com ensator Mitigation Required River and Sub-basin Number
Isolated Wetlands - non-riparian 5.38 (acres) Broad/03050105
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Also, this authorization to proceed with your proposed impacts to Isolated Wetlands as depicted in
your application and as authorized by this Permit, shall expire upon expiration of IWGPl00000
(October 31, 2013) or unless otherwise rescinded by the Director of the Division of Water Quality.
If this Permit is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Permit. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with
Mr. Richard Broughton and Martin Marietta Materials:
Page 5 of 5
February 5, 2016
the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Permit, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Permit. Unless
such demands are made, this Permit shall be final and binding.
This the 5 h day of F ary 2010
DIV ION OF WA QUALITY
Coleen H. Sullins
CHS/cbk/?m
20
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 02H.1300, Mr. Richard Broughton of Martin Marietta Materials, to fill or otherwise
impact 2.69acres of Isolated and Other Non-404 Jurisdictional Wetlands to conduct the proposed quarry expansion
at the site, which is located adjacent and north of I-85, and just south of Kings Mountain, in Cleveland County,
North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed
in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Kings Mountain Quarry Expansion
DWQ PROJECT #: 20091301
LOCATION: Near Kings Mountain
COUNTY Cleveland
BASIN/ SUB BASIN Broad/03050105
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
2.69Acres Isolated Wetlands - Non-Riparian 5.38 Acres Isolated Wetlands - Non-Riparian
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 091301 MartinMariettaMaterialsKingsMountainQuarry(Cleveland)Ind_IW_EEP.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
Noi thCakolina
Na (rally
An Equal Opportunity 1 Affirmative Action Employer